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(영문) 서울동부지방법원 2017.05.12 2017노230

사기

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal (unfair sentencing) of this case’s sentencing conditions, the sentence of 6 months sentenced by the court below to the defendant is too unreasonable.

2. The instant case is a case in which the Defendant deceivings the employees of a financial institution to acquire 72 million won under the pretext of a loan for the full-time loan.

The lower court sentenced the Defendant to be sentenced to six-month imprisonment, considering the following: (i) the favorable circumstances in favor of the Defendant; (ii) the degree of deception, the gravity of deception, and the failure to recover from damage, etc.; (iii) the Defendant’s imprisonment with prison labor for not less than six months, taking into account the following: (i) the fact that the instant crime was committed under Article 37 of the Criminal Act; (iv) the relationship between fraud for which the judgment became final and conclusive; and (v) the relationship between the two concurrent crimes;

In general, the sentencing of the lower court seems to have been appropriately determined by fully considering these points, and it is difficult to find out other special circumstances to change the sentence of the lower court.

Ultimately, the defendant's argument of sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.